PRITHVIRAJ & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Prithviraj and Bbag Chand were tried for the offences under sections 325 and 323. Indian Penal Code, by the learned Additional Sessions Judge, Udaipur. By his judgment dated June 30, 1971 the learned Additional Sessions Judge convicted appellant Prithvi Raj for the offences under sections 325 and 323, Indian Penal Code, and sentenced him to rigorous imprisonment for a period of two months, and a fine of Rs. 50.00, in default to undergo rigorous imprisonment for ten days, on the first count, and one month's rigorous imprisonment on the second count. Appellant Bhag Chand was convicted for the offence under section 323. Indian Penal Code, and sentenced to rigorous imprisonment for a period of one month, and a fine of Rs. 50.00, in default to undergo ten days' rigorous imprisonment.

(2.) Briefly stated, the facts of the case giving rise to this appeal are that there was a long standing enmity between the appellants and Ramlal regarding the field known as 'Lakadwala-Beed', bearing khasra No, 2403, situated at village Chandesra. The land is said to have been sold to Ramlal through sale-deeds Ex. P. 6 and Ex. P. 7 in Samwat Year 2014, and since then it was in his possession. That 'Lakadwala-Beed' was again sold by Bhag Chand and Hemarlal to Ambava, D.W. 5, and his brothers, through a registered sale-deed. That led to revenue and criminal litigation between the parties prior to the date of the occurrence. The accused party with the help of Ambava and others wanted to take forcible possession of the land from Ramlal. That on July 23, 1969 in the noon Ramlal P.W7. 7 along with his sons Kesholal P.W. 8 and Gograj P.W. 11 had gone to that field for sowing maize crop. Gograj was ploughing the field and Kesholal was sowing the seeds, and Ramlal was picking up the stones and thorns. At that time appellants Prithvi Raj and Bhag Chand along with ten others went there armed with axes and 'lathis'. All these persons started beating Gograj and Kesholal. Ramlal tried to intervene and Bhagchand inflicted axe blows to him. Gegraj lodged the report Ex. P. 3 at police station, Mavli, before Sawansingh P.W. 4, who made an entry in the daily diary and sent the three injured persons for medical examination to Udaipur. Bhimsingh, Head Constable P.W. 12, in charge of the police station on that day, reached the police station at 9.00 p.m. and recorded the formal first information report Ex. P. 11. The blood-stained clothes of Ramlal, which constable Sawan Singh had kept at the police station, were taken in possession by the Head Constable vide memo Ex. P. 12. On July 25,1969 he went to village Chandesra, and inspected the site and prepared the site inspection memo Ex. P. 5. He recorded the statements of the witnesses and then handed over the investigation to the Station House Officer. Station House Officer Nandlal P.W. 13 arrested the appellants on Sept. 11, 1973 vide memo Ex. P. 13.

(3.) Dr. R. C. Ojha, Medical Jurist, General Hospital, Udaipur examined the injuries of Gegraj on July 23, 1969, and noted six injuries on his person. All the injuries were simple in nature and caused by some hard blunt object. On the same day, the doctor examined Kesholal and noted six injuries on his person. Out of them, four injuries were caused by blunt hard object, and two injuries were caused by sharp weapon. The doctor also examined Ramlal on the same day and noted four injuries on his person. Three injuries were simple, and one injury on the left forearm was grievous in nature, as there was an oblique fracture of left ulna lower one third seen by Dr. Raghubir Singh, Radiologist, General Hospital, Udaipur (P.W. 15) under screening on July 24, 1969. The duration of the injuries, according to Dr. Ojha, was within 24 hours The injury reports of Gegraj, Kesholal and Ramlal prepared by Dr. Ojha are Ex. P. 14, Ex. P. 15 and Ex. P. Irrespectively. The screening report of injury of Ramlal is Ex.R 16/1.